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Everything posted by tom_bradfield

  1. Hi, Difficult to provide accurate advice as there isn't a lot of info in your post. What has been proposed? Building line is one of many things considered when looking at a planning application, but is not the most important, and there are no rules to state that new development has to follow an established building line. If your property is the only property on that line in the area then the argument would likely be that there is not established building line as there is only one property in it. If the documents the applicant has submitted are inaccurate you should note this i
  2. Hi Alan, Short answer is yes, providing you meet the requirements of the Prior Approval process Tom
  3. Hi Jake, Initial view would be to speak to your local authority about pre-application planning advice - is that what you have already done? Pre-application discussions and Prior Approval applications are different, and as far as I am aware, Councils must consider Prior Approval applications as their consideration are part of their statutory duties. Pre-application advice services on the other hand are not. If they aren't running pre-application services at the moment then the best option would probably to speak to a planning consultant. I am a planning consultant and more than happy
  4. Morning Alan, I'm afraid that I can only answer the first part of your question, and as with all things in planning it isn't a straightforward yes or no answer I'm afraid! As of September 2020 classes A1 and B1 are all covered under the new Class E in the Use Classes Order, which means that they will be able to move freely from a shop to office to a restaurant and a variety of other uses. However, at the moment, any reference to Permitted Development rights, and for restrictions to them or applications for Prior Approval, the Use Classes in effect prior to 1 September 2020 will be th
  5. Hi, Sounds like a good opportunity! As a planning consultant I can only really comment on the planning side of things as that is my area of expertise, so hopefully it is useful in some way! Firstly, you will certainly need planning permission to create a new residential unit. Some important things to consider before going ahead are: Do you have enough space to meet the minimum floorspace standards? For a studio this is 37sqm with a shower, 39sqm if you have a bath. Obviously the more bedrooms you have the more floorspace needed Would it compromise the privacy of neighbo
  6. Hi, Its a tricky one - there is no planning definition of "substantial" and each case is taken on its own merits - I am sure that there will be case law on the subject! I imagine as well as the distance to the road, things like the relationship of the house to the highway and its visibility from the highway would be considered. If I were advising you in a professional capacity, I would suggest that 25m seems substantial to me, and it would be worth a go. I would also recommend that we spend some time researching some case law to support the argument. I would anticipate the Local Aut
  7. Hi, I believe the new two storey rules you mention relate only to upwards extension, i.e. adding an additional storey or two to your property. Two storey side extensions still require planning permission Tom
  8. Hi sjp1, I am not an architect but am a planning consultant and deal with the space standards all the time. The standards are not mandatory but it is very rare that permission is given where they are not met. If you already have planning permission/prior approval or another type of approval under planning legislation then they cannot retrospectively apply the standards - these are assessed at the planning application stage. In short, from what you have said, you should be fine Tom
  9. Hi, Jack - it is unlikely that you would need planning permission. The removal of permitted development rights is pretty standard for new build or converted properties, but does not extend to internal changes like installing a woodburning stove. Where permission may be required is if you were adding a chimney or external flue or something like that, but if not you would be able to do without planning. Nik-c - as you are in a Conservation Area you will unfortunately need planning permission for an outbuilding to the side of the house. Each planning application is taken on its merits,
  10. Hi, Certainly looks like you would be able to get something in that space. Councils tend to vary in their requirements for home extensions - some have useful guides regarding what they would usually allow and what would usually be unacceptable, so worth checking the policy sections of their websites and maybe giving them a quick call to ask if they have such a document. In my experience, the following are general "rules of thumb" that ensure two storey side extensions are acceptable: No more than half the width of the original house (e.g. if your house is 5m wide, then the ex
  11. Hi, Alistair is correct, I am a planning consultant and would be happy to have a chat with you regarding your situation - my details are below. I am based in Reading at the moment and as Alistair correctly mentions I am not constrained by geography, but naturally a lot of my work is in London and the South East. Just a quick side note - planning consultants and planning solicitors perform different functions (and I am not a solicitor!) but happy to discuss and can advise on the planning side of things and then whether legal advice would be necessary. My details: Tel: 07881
  12. Hi, Planning permission can be granted without the consent of a landowner - for example, I could apply for permission for a 40-storey tower in my neighbour's garden and get planning permission for it, but unless I got the landowner's permission, I could not actually build the proposal. I am unsure as to how a developer would gain landowner's permission if there is no landowner (I suspect there will be solicitor's getting paid to resolve this!), but they could still gain planning permission nevertheless. Having said that, a proposal for planning permission should have a viable access
  13. Hi Glen, You may require both planning permission and the permission of the freeholder - planning permission from the local authority is not permission from the local authority as the freeholder, these are separate. In terms of just planning, the key things to look at are Would the roof terrace result in any overlooking or loss of privacy to neighbours? Would it have an impact on the street scene or character and appearance of the area that would be harmful? The first point may be able to be overcome through the use of privacy screens etc, but this may then have
  14. Hi, Providing there is no condition or legal agreement on the original planning permission for the conversion of the building into flats (if there was ever a permission) that prevents the creation of new bedrooms or controls changes to floorplans etc, then it is unlikely that you would require planning permission. With regards the permission of other freeholders, I am afraid I cannot help - it may be worth asking a solicitor Hope this helps Tom
  15. Hi, Unfortunately there is no rule of thumb or easy fix - each site is different and each local authority has different policies. A good place to start is always the Local Plan for the authority that the site is in - this will identify sites that are allocated for development, what type of development and how much development, as well as areas where development is very unlikely to be allowed. The type and size of units really depends on the type of site - for example an inner city site would suit itself better to a larger number of smaller units, with a more rural site a smaller number of
  16. Hi, This looks like quite a complicated situation unfortunately! From what you have said, you may be able to apply for planning permission for the change of use of a portion of the land next to the river to moor the boat permanently, leaving the remainder of the land you would own in its current use as equestrian, although it may depend on whether the equestrian use would be private or commercial in nature. You would then obviously need to apply for permission for the stable block and other structures as well. I would suggest that you go for a pre-application planning meeting with th
  17. Hi, Probably best on the "General Property Discussion" thread - there is often all sorts of different questions in there, and there isn't a specific planning subject at the moment. Alternatively, you can re-post here, I am a planning consultant and happy to help where I can Tom
  18. Hi, I agree with Alastair on this - if the application has been submitted as one proposal across several sites, it will be considered together as a single development and so would likely have to be built simultaneously. The applicant or their agent (as stipulated on the application form) would be able to withdraw the whole application before determination, but individuals could not withdraw their part of the proposal as it forms part of the whole, if that makes sense? It may make it more difficult to gain planning permission if you each come in separately, but difficult to tell witho
  19. Hi, I am a planning consultant - happy to take an initial look at the site and give some advice on what you could do with it. Planning can be tricky, and there may be some changes that you can make to the original proposal for residential that make it much more attractive to the Council, but would have to see the site and previous application to know for sure! Feel free to email/call me, my details are below: tom.bradfield@berrys.uk.com 07881108361 Thanks Tom
  20. Hi, Unfortunately I can't provide any help on the cost side of things. This would require planning permission, so definitely worth checking whether this kind of proposal is something that the local council is willing to approve. Sometimes they want to retain family sized housing so will resist the loss of houses into flats, which makes it quite difficult to get permission in the first place! Many Councils have specific planning policies in their Local Plan that relate to the subdivision of properties, so worth checking that when researching Tom
  21. Hi, Email address is tom.bradfield@berrys.uk.com. With regards haf1963's comment - I agree, whilst a building inspector may not check up on the dimensions all it takes is a planning officer to notice (or a neighbour to notice and tell them!) and you could get into all sorts of trouble with the planning enforcement team, to the point where you could have to demolish and rebuild to be in accordance with the plans Tom
  22. Hi Gareth, Planning consultant here - from what you have said, it could be tricky in the first instance. As an SPD is just guidance rather than hard and fast rules, in some situations exceeding the SPD may be acceptable. Having said that, a side extension being a maximum of 50% of the width of the original house is fairly standard around the country. Without seeing your property or the proposals, it is difficult to give an assessment at this stage. If the Council really aren't budging then you can always put an application in and if it is refused appeal the decision. Appeals are determine
  23. Hi, I am a planning consultant and happy to assist with the planning aspects if needed. Big things to check are the conditions attached to the planning permission - these will be listed on the decision notice and deal with things from the length of time the permission lasts for as you mention through to submitting additional details such as the materials the house will be built from. Happy to take a look in the first instance and get involved in a professional capacity if required - feel free to PM me the details of the permission etc. Thanks Tom
  24. Hi, Difficult to be fully certain without benefit of the plans and officer report, but it appears that the Council made an error in approving the application at number 4 in 2018 as they did not take into consideration the appeal decision that established that element of case law. Unfortunately there is not a lot you can do about that - these things happen. The technical guidance for permitted development has some comprehensive explanation that may assist in understanding on pages 22-28: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/f
  25. Hi, I don't know if Ian is still posting on the forum as he hasn't posted on this thread in a while. I am also a planning professional, so happy to help with any questions you have regarding planning/permitted development Thanks Tom
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